Attorney General Jeff Sessions has gone before a federal appeals court to argue the Civil Rights Act does not include protection for homosexuals.
A longtime attorney, meanwhile, warns that homosexual rights activists are eyeing a judicial victory after they keep failing to win in the legislature.
Skydiving instructor Donald Zarda filed suit in 2010, claiming he was fired from a Long Island company because he is homosexual. He later died in an accident but his family has continued the lawsuit.
The Sessions-led Justice Department, on Wednesday, filed a brief in that case arguing that the "essential element" of sex discrimination in the 1964 Civil Rights Act is that employees cannot be mistreated because of their sex.
But "sexual orientation simply does not have that effect," two Justice Dept. officials, representing the Civil Rights Division, stated in the brief.
Constitutional attorney Matt Barber says homosexual activists and liberals in Congress have tried to alter the Civil Rights Act by pushing the Employment Non-discrimination Act, which has been repeatedly introduced since the 1990s but has never passed.
"So now they're trying to pervert and misrepresent and reinterpret the legislative intent behind Title 7," Barber says of that effort. "That is disingenuous. It's illegal. It is not following the law. It is following one's own ideological radicalism."
In a now-familiar game plan, liberal activists are now targeting a legal victory in a courtroom since they can't get a law changed.
The court brief was filed at roughly the same time President Donald Trump used Twitter to announce he was rolling back the Pentagon's policy that allows open transgenders to serve in the military, and the Left predictably howled at the Trump administration's pushback to their agenda.
"On the day that will go down in history as Anti-LGBT Day," said an ACLU attorney, "comes one more gratuitous and extraordinary attack on LGBT people’s civil rights."
The story at news website Politico pointed to a "groundbreaking" decision in April from the 7th Circuit Court of Appeals that found there are legal protections for homosexuals in federal law. There is hope among homosexual activists that the Zarda lawsuit, coming after that decision, will give them another court victory, the story stated.
"It's a means to an end for the Left," Barber says of their ongoing court fight, "and this Department of Justice is apparently having none of it."